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This outline for The Protection of Civil Rights Act ,


1955 has been prepared keeping the MPPSC
preliminary exam in mind .
This alongwith the other two acts make up for roughly
10 questions in the PT paper .
Please go through the original document of the act
and as you read through each section of the act , read
the same section from this outline . Please remember
this outline is just a summary of the original act and
will be useful only if you read it for the first time with
the original act .
You should then go through the 20/80 sheet for the act
which contains some tables and mind maps for each
act to help you memorise some of the cumbersome/
important data .
Revise the three outlines and the accompanying 20/80
sheets at least 3 times before the exam . Ideally you
should revise once on the day before the exam and
once on the morning of the exam .
In case of any diculty , email us on
notesforias@gmail.com.
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20/80 sheet

4) Who all can be tried in a


company for an offence under
this act ?

3) SC which article of
constitution ?

2) abolition of untouchability
which article of constitution ?

1) Civil Rights Act came into


force on ?

Cloze Deletion

1-6 months
+ fine : 100/- to 500/-

Punishment

Brahmo Samaj
Prarthana Samaj
Adivasis
Swaminarayan

Sikh
Virashaivas
Lingayats

Arya Samaj

Deemed to be HINDUS

3rd or more offence under this act

2nd offence under this act

anyone COMPELLING someone on


grounds of untouchability
to do scavenging/sweeping/remove
carcass/flay animal/remove umbilical cord etc

anyone committing an offence for taking


revenge on someone for having exercised his
rights under art. 17
if the offence has punishment for >2 yrs

Offence

4) In-charge , director ,
manager , secretary , officer

3) article 366

2) article 17

1) 1 june 1955

Answers

TIP : Just remember the punishments in the box above . For


any punishment asked outside the box above , the obvious
answer will be the punishment in the box on the left.

1 year - 2 years
+ fine : 500/- to 1000/-

6 months - 1 year
+ fine : 200/- to 500/-

3-6 months
+ fine : 100/- to 500/-

min. 2 years + fine

Punishment

Jain

Buddhisht

excommunicating someone not


practising untouchability

promote untouchability

from any art.17 right

refusing goods / services

access public health / education

follow social/religious custom

acquisition of premises

charitable trust benefits

practising a profession

use of utensils at hotel

access to public utilities ( shop,etc)

religious practice

Anyone preventing someone on ground on untouchability

Offence

The Protection of Civil Rights Act , 1955

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THE PROTECTION OF CIVIL


Punishment for untouchability

RIGHTS ACT , 1955

1. Short title, extent and commencement.


extends to whole India
came into force on 1st june 1955
2. Definitions
civil rights as in art. 17 of const

abolition of untouchability

hotel restaurant , boarding/lodging


place house/bldg/tent/vehicle etc
place of public entertainment a place admitting public for
exhibition/sports / amusement
place of public worship related to any religion / privately owned
but open to public / any subsidiary shrine
prescribed prescribed under this act
scheduled castes as in art.366 of Const ( clause 24 )
shop selling goods / hawker / laundry / hair saloon / etc
3. Punishment for enforcing religious disabilities.
anyone preventing someone on grounds of untouchability
to enter any public place of worship or perform any religious ritual
or using water of a sacred water body
punishable for 1-6 months+fine ( 100/- to 500/- )
for sec 3 and 4 of this act HINDUS ( Buddhist , Sikh , jain ,
Virashaivas , Lingayats , Adivasis , Brahmo samaj , Prarthana
Samaj , Arya samaj, swaminarayan )
4. Punishment for enforcing social disabilities.
anyone disabling someone on grounds of untouchability to
access shop/restaurant/public entertainment/hotel/sarai
use any utensil in a public restaurant/hotel
practice any profession/business
use public water source / cremation facility / any public
amenity / public conveyance / jewellery
use any charitable/public utility maintained by state funds
charitable trust benefits for general public
acquisition of any residential premises
social/religious custom
punishable for 1-6 months+fine ( 100/- to 500/- )
5.

Punishment for refusing to admit persons to


hospitals,etc

anyone preventing someone on grounds of untouchability


to access or discriminate in treatment at a public medical/
education facility
punishable for 1-6 months+fine ( 100/- to 500/- )
6.Punishment

for refusing to sell goods or render

services.
for an otherwise public good/service
punishable for 1-6 months+fine ( 100/- to 500/- )
7.

Punishment for other offences arising out of


untouchability.
anyone disabling someone on grounds of untouchability
from enjoying any rights under art. 17 of const by any means
or promotes a section of public to practice untouchability
punishable for 1-6 months+fine ( 100/- to 500/- )
anyone committing an oence for taking revenge on someone for
having exercised his rights under art. 17
if the oence has punishment for >2 yrs
punishable for min. 2 years +fine
anyone denying a right/excommunicate a person belonging to his
community because the said person didnt practice untouchability or
followed this act
punishable for 1-6 months+fine ( 100/- to 500/- )

7A

. Unlawful compulsory labour when to be deemed


to be a practice of untouchability
anyone COMPELLING someone on grounds of untouchability
to do scavenging/sweeping/remove carcass/flay animal/remove
umbilical cord etc
punishable for 3-6 months+fine ( 100/- to 500/- )

8.

Cancellation or suspension of licences in certain


cases.
anyone CONVICTED of an oence under sec. 6 ( above )
can have his license/permit for business relating to which the
oence was committed cancelled / suspended by the court for a
period the court deems fit

9.Resumption

or suspension of grants made by

Government.
if manager/trustee of a place of public worship/education who
receives govt grant is convicted of an oence under this act

may have the grant suspended by govt ( if conviction not reversed


by appeal )
10. Abetment of the offence
under this act by anybody ( also : any public servant wilfully
neglecting investigation of such an oence )
shall be punishable with punishment for that oence
10A.

Power of State Government to impose


collective fine
1) if inquiry reveals that inhabitants of an area abetting , harbouring
persons committing,suppressing evidence etc for an oence under
this act , then ,
SG can impose a collective fine on the inhabitants of the area
which will be realised only after any petition filed by the inhabitant
[ as in 3) below ] is disposed of
notify it in ocial gazette
fine may be apportioned among inhabitants according to the
respective means of inhabitants
the fine may be assigned to a hundu undivided family
2) the fine imposed announced by drum beats in the area/other
ways by SG
3) fined persons can file an appeal with SG/authorities for exemption/
modification
the SG/authority may reduce the fine collectively for the area
4) SG can exempt the victims or any other person in the area it feels
is not involved in the oence from paying the fine
5) the fine portion may be recovered from the persons according to
CrPC 1973 as if imposed by a magistrate

11. Enhanced penalty on subsequent conviction


if convicted for further oence under this act , a person will be
punished as follows :
second oence
punishable for 6 months-1 year +fine ( 200/- to 500/- )
third or more oence
punishable for 1 year - 2 years +fine ( 500/- to 1000/- )
12. Presumption by courts in certain cases.
if any oence is committed under this act against an SC
court will assume that the act was committed on the ground of
untouchability
13.

Limitation of jurisdiction of Civil Courts

no civil court to entertain or pass an order which is contrary to the


provisions of this act
no court in its proceedings will impose any disability on anyone on
grounds of untouchability
14.Offences by companies.
if a company commits an oence under this act
all people in charge of conducting aairs of the company will be
proceeded against
but not if any person can prove that the oence happened without
his knowledge or he tried to prevent the oence
also , if any director , manager , secretary , ocer of the company
consented to the oence , he will also be held guilty
company : any corporate body / firm / association of
individuals
director : a partner in the firm
14A. Protection of action taken in good faith
No suit , prosecution or other legal proceedings
against CG/SG/ocer who has acted / may have caused damage
in good faith for this act
15. Offences to be cognizable and triable summarily.
Notwithstanding anything in CrPC 1973
all oences under this act cognizable
every such act ( except where min term > 3 months )
can be tried summarily by a judicial magistrate of the first
class
in a metropolitan area by a metropolitan magistrate
in accordance with the procedure specified in the said
code
if a public servant is alleged of abetment or committed an oence
under this act while discharging ocial duty
court not to take cognizance of it without previous sanction
of :
CG/SG for employees of Union/State respectively
15A.

Duty of State Government to ensure that the


rights accruing from the abolition of untouchabiity
may be availed of by the concerned persons
Subject to such rules as the CG may make
SG should take measures for eective implementation of
provisions of this act

measures may include


legal aid / facilities to victims
appointing ocers for initiating prosecutions in contravention
of the the act
setting up of special courts for trial of oences under this Act
set up committees for formulation/implementation of measures
periodic survey of act for better implementation
identification of practice of untouchability prone areas adopting measures to remove disabilities from the area
CG may take steps to coordinate measures taken by SG
CG to table report to each House - about measures taken by it and
the SGs for this act .
16. Act to override other laws.
Save as otherwise provided in this Act , the provisions of this act
shall override any other laws inconsistent with it
16A.Probation

of Offenders Act, 1958, not to apply to


persons above the age of fourteen years
who has been found guilty of having committed an oence under
this act

16B. Power to make rules


by notification in the ocial gazette
CG may make rules to carry out provisions of this act
each new rule - to be laid before both houses - when in session
for total 30 days at least Pt can modifiy/ annulany rule
17.Repeal
all enactments in the schedule repealed to the extent of any of
their provisions that correspond to or are repugnant to this Act